Legislative Bulletin: Priority Legislation Continues to Move
Priority Legislation Continues to Move
May is now upon us, and with only 20 session days remaining, lawmakers in the Assembly and Senate continued this week to advance key pieces of legislation. Two of LeadingAge NY’s priority bills moved in the Assembly:
- RNs in Assisted Living: Thanks to strong advocacy, A.2360 (Gottfried), legislation requiring a registered nurse on staff at Enhanced Assisted Living Residences (EALRs) and Special Needs Assisted Living Residences (SNALRs), was laid aside on Monday and did not go to a vote as initially planned. LeadingAge NY opposed this bill because the Department of Health (DOH) is already required to approve each facility’s plan for the types of residents it will serve and the kind of staffing it will provide to meet residents’ needs. We greatly appreciate your efforts!
- Safety Violations in Adult Care Facilities (ACFs): A.2743 (Gottfried), a bill which would require an annual audit of facilities receiving funds under the EQUAL program, increase maximum civil penalties for ACF violations from $1,000 per day to $5,000 per violation per day, and authorize a pre-hearing suspension or limitation of an ACF’s operating certificate in cases of imminent danger to residents, advanced from the Assembly Health to the Assembly Codes Committee. While LeadingAge NY supports efforts to address egregious violations of resident rights and actions that bring harm to residents of adult care and assisted living facilities, we have concerns that this bill imposes unduly aggressive penalties for violations which already carry significant consequences. When this legislation was brought up for a vote in the Assembly Health Committee, the Minority voted in the negative. We encourage you to contact your Assemblymember and ask him or her to oppose the bill. You can also email or fax a copy of our opposition memo.
As always, we will continue to monitor priority bill movements and let members know of any significant developments.
ALP CON Bill Introduced in Senate
LeadingAge NY is pleased to report that S.5840 (Hannon), legislation which would alter the Assisted Living Program (ALP) from a competitive solicitation process to a certificate of need (CON) process that awards beds based on demonstrated community need and allow existing ALP providers to add up to nine beds through an expedited process, has been introduced in the Senate.
Despite its growth in recent years, there are still counties with no ALP providers and existing ALPs that do not have enough capacity to serve the current need in their community. The historic competitive application process has varied, and this inconsistency has made it challenging to develop a successful application. The CON process proposed in this legislation would allow expansion of ALP beds to counties that have a demonstrated need in a rational and timely manner.
Please reach out to your Senate representative and ask him or her to sign on to the bill. Our memo of support can be accessed here.
House Narrowly Passes AHCA
On Thursday afternoon, by a narrow margin of 217-213, the House passed the American Health Care Act (AHCA). The vote followed weeks of negotiations and changes to the initial bill introduced in March. As LeadingAge NY previously reported, the amended AHCA allows states to apply for waivers to the “community rating” requirement, which prevents insurers from charging premiums based on enrollees’ health, as well as essential health benefits, which require all insurers to cover services like mental health, maternity, and prescription drugs. A second amendment introduced earlier this week adds $8 billion to offset insurance costs for individuals with pre-existing conditions. New York congressional Democrats were unanimous in their opposition to the AHCA, while all but two of the state’s Republican representatives—Dan Donovan and John Katko—supported it. If either of these congressmen represents you, please reach out and thank them for standing firm in their opposition.
Following the vote, LeadingAge NY Executive Vice President Dan Heim appeared on NEWS10 ABC and discussed how the bill, if enacted, would pose trouble for long term care services and supports. Click here to see Dan’s interview.
The AHCA now heads to the Senate, where its fate remains unclear. Several Senate Republicans stated Thursday afternoon that they planned to set the bill aside and write their own version instead.
LeadingAge NY President/CEO Jim Clyne Discusses CCRCs and AHCA on Capital Tonight
On Thursday, LeadingAge NY President/CEO Jim Clyne appeared on Capital Tonight to discuss the need for Continuing Care Retirement Community (CCRC) reform as well as the impact of the AHCA on New York State. Jim’s appearance followed the release of our report illustrating that the state’s 12 CCRCs are responsible for nearly $500 million in economic activity and support 2,000 jobs. Click here to watch the segment. Our news release was picked up by Politico New York as well.
Pending legislation [A.6450 (Schimminger)/S.5172 (Hannon)] would reform CCRC laws and regulatory oversight, eliminating many of the current barriers to developing, expanding, and efficiently operating CCRCs in New York State. LeadingAge NY urges you to contact your representatives and ask them to sign on to this vitally needed legislation. Our memo of support is available here.
Congress Passes FY 2017 Spending Bill with Needed HUD Funding Increases
This week, the House and Senate reached a deal on a $1.1 trillion funding bill for FY 2017 that will keep the government open until Sept. 30th. After passing both houses, the legislation is headed to President Trump’s desk and must be signed by midnight tonight.
We are pleased to report that the agreement includes full renewal funding for the Department of Housing and Urban Development’s (HUD) Section 202 Project Rental Assistance Contracts (an increase of $69.7 million over FY 2016) and the Section 8 Project-Based Rental Assistance program (an increase of $196 million over FY 2016). This is an important victory; if Congress had failed to strike a deal, HUD would not have had the resources to renew these contracts in FY 2018. Thank you for your advocacy!
While the bill does not expand the Rental Assistance Demonstration to include Project Rental Assistance Contracts, LeadingAge understands that HUD Secretary Ben Carson has expressed interest in this program, and we are hopeful that the expansion will be included in the agency’s FY 2018 spending bill.
President Trump Nominates Pamela Patenaude for Deputy HUD Secretary
Last week, President Trump nominated Pamela Hughes Patenaude to serve as Deputy HUD Secretary. Patenaude is the current president of the J. Ronald Terwilliger Foundation for Housing America’s Families, whose goal is to “develop a dynamic and balanced national housing policy framework for the 21st Century—a framework that properly aligns public policies with the nation’s housing needs.” She previously served as the director of the Bipartisan Policy Commission and, under President George W. Bush, was HUD Assistant Secretary for Community Planning and Development. Secretary Carson praised Patenaude’s nomination in a statement, stating that her “extensive knowledge of housing issues and dedicated service to this Department under two previous administrations makes her an exceptional choice for the position of Deputy Secretary.”
Senate Heroin/Opioid Addiction Task Force to Hold Series of Public Forums Statewide
This spring and summer, the Joint Senate Task Force on Heroin and Opioid Addiction will hold another series of public forums throughout the state “to continue to examine the issues faced by the state due to increased heroin and opioid abuse.” Three hearings have been scheduled in Johnstown, Buffalo, and Long Island and will allow Task Force members to garner input from stakeholders in the community “in order to formulate further recommendations for legislative action.”
- Wed., May 24th: Fulton-Montgomery Community College, Johnstown
- Wed., July 12th: Erie Community College – City Campus, Buffalo
- Wed., July 19th: Village of Mineola Board Room, Mineola
Additional hearings will be announced in the fall. Click here for more information.
Senator Avella Suspends New York City Mayoral Bid
Lastly, Senator Tony Avella announced on Thursday that he would suspend his campaign for Mayor of New York City. In a statement, the Senator explained that remaining in the race “without being beholden to dark money [was] becoming increasingly difficult” and vowed to continue “fighting against the current Mayor, or anyone who tries to slow the progress of our great borough and city.”
The Democratic and Republican primary elections will be held on Tues., Sept. 12th, with the general election set for Nov. 7th. Incumbent Mayor Bill de Blasio will be seeking a second four-year term.
Contacts:
Ami Schnauber, aschnauber@leadingageny.org, 518-867-8854
Jeff Diamond, jdiamond@leadingageny.org, 518-867-8821